Houston Medical Malpractice Lawyers

Contact a Houston Medical Malpractice Lawyer Today

Did you get hurt or become ill because you received improper medical care from a healthcare provider in Houston? Did your child suffer birth trauma because of a delivery doctor’s error? At Fibich, Leebron, Copeland & Briggs, our medical malpractice lawyers believe no one should suffer the financial consequences of an injury that was not their fault. That belief, along with over a century of combined legal experience and aggressive advocacy, has helped us secure over $1 billion for our clients.

Don’t put off demanding the justice you deserve after suffering medical malpractice. Let us put our resources and skills to work for you today. Contact us today to speak with a Houston medical malpractice lawyer about your options, all without any upfront cost or obligation.

When someone goes to the doctor or another medical professional for help, they do so with the reasonable expectation that they will receive the quality care they deserve. Unfortunately, the reality often falls short of this mark, leaving innocent people with preventable injuries and related losses, like decreased wages and reduced quality of life. This isn’t right, and no one should suffer financially because of a healthcare provider’s wrongdoing.

Another tragic form of medical malpractice is birth trauma/birth injuries. These can impede a child’s development and require specialized, expensive care. When a child sustains birth injuries, they must struggle with lifelong health problems, making their ability to find work and care for themselves difficult.

Were you or someone you love hurt by the inadequate medical treatment provided by a medical professional in Houston? If so, you could receive financial compensation for your suffering and losses. But holding providers and insurance companies accountable can be daunting and stressful. That’s why you need help from the nationally recognized legal team at Fibich, Leebron, Copeland & Briggs.

We’re dedicated to fighting the wrongs and protecting your rights. With over a century of combined legal experience, we know how to secure justice and financial relief for medical malpractice victims like you. Contact us today for a free consultation with a Houston personal injury lawyer.

What is Medical Malpractice?

Medical malpractice is a legal term that refers to a situation in which medical professionals fail to provide patients with the standard of care that other medical professionals of similar experience and training would provide in the same circumstances. When this results in injury to the patient, the patient can pursue a medical malpractice lawsuit against the medical professionals who provided the substandard care.

It’s crucial to note that not all unfavorable or unexpected outcomes in medical treatment constitute malpractice. Medicine is a complex field with diverse circumstances and various risk factors. Even with optimal care, not all treatments lead to the desired results.

Medical malpractice only occurs when there is a clear breach of duty by the medical professional, and this breach directly harms the patient.

What Usually Causes Birth Injuries?

While some instances of birth injury are unavoidable, many happen due to delivery doctor error, including:

Failure to recognize fetal distress signs and act accordingly

Inaccurately interpreting a fetal ultrasound result

Not speeding up delivery or ordering an emergency C-section when necessary

Improperly using birthing tools, such as forceps or vacuums

Improperly using drugs like Pitocin that induce or quicken delivery

Not correctly caring for or resuscitating a baby following delivery

“It started in 2012 and didn’t end until 2018. A 5-year medical malpractice case that Russ Briggs and Greg Fibich worked tirelessly on. And we won. They fought for me to the bitter end and I will forever be in their debt. If you are looking for honest, hard-working, intelligent, kind, and compassionate lawyers then look no further. You won’t find a better law firm. Russ and Greg, thank you for fighting for me, for never giving up, and for being there for me and my family during the hardest time of my life.”

Houston, TX

“Can’t say enough about this law firm. They fight long and hard for their clients. Never do you feel unimportant or annoying. Words that come to mind, kind, compassionate, caring loyal, thorough, professional, friendly, helpful. I would highly recommend this firm. Thank you, Mr. Fibich and Mr. Briggs.”

Former Client

“Tommy Fibich is a man of impeccable integrity and passion for representing individuals and companies that have been wronged. Tommy took the time to listen to and carefully evaluate our predicament. When he concluded that we had been wronged, he and Jay Henderson then proceeded to aggressively represent us with the dedication, ability, experience and reputation that produced a wonderful outcome for our company!”

Former Client

“Erin Copeland & Russ Briggs at Fibich, Leebron, Copeland & Briggs treated me with the great compassion & professionalism. The entire staff was very courteous and always willing to assist. I interviewed several attorneys prior to choosing this firm. I knew after sitting down with Erin Copeland that I made the right choice. She is an incredible attorney with a true passion for her job.”

Melissa Lomeli Marlow

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What are Common Birth Injuries?

The more common birth injuries and birth trauma resulting from medical malpractice include the following:

Cerebral palsy

Brachial plexus palsy (Erb’s palsy)

Klumpke’s palsy

Broken bones

Brain damage

Who Can Be Held Responsible for Medical Malpractice?

While many people immediately think of doctors when they hear the term “medical malpractice,” physicians are not the only ones who can be at fault for medical injuries. Any healthcare professional or institution that breaches its duty of care to a patient could be legally responsible for the consequences of medical malpractice.

Depending on the circumstances, any of the following could be liable for medical negligence:

Doctors, including surgeons and anesthesiologists

Nurses

Pharmacists

Hospitals or healthcare institutions

Other healthcare professionals

What Are Common Types of Medical Malpractice Cases?

Medical malpractice can take many forms, and the complexity of healthcare services can lead to many potential mistakes. However, some types of medical negligence are more common than others. Some of the most common include:

Birth injury or birth trauma
Misdiagnosis
Medication errors
Surgical errors
Anesthesia errors
Hospital-acquired infections

Delayed or improper treatment
Laboratory/testing errors
Radiology errors
Informed consent violations
Negligence in postoperative care

If you were injured because of medical negligence committed in a medical setting in Houston, you should contact a Houston personal injury lawyer immediately.

What Types of Compensation Can I Pursue in a Medical Malpractice Claim?

The types of compensation you could pursue depend on the nature of the losses you suffer due to medical malpractice. You might be owed compensation for the following:

Medical Bills – This includes the past and future costs of medically correcting the error, such as hospital stays, surgeries, medication, and rehabilitation services.
Lost Wages – If the medical negligence suffered, prevents you from working, you could be entitled to money to offset any wages, tips, commissions, bonuses, and other benefits you lose.
Loss of Earning Capacity – You could also be entitled to compensation for any money you cannot make in the future because of how the injury affects your career and job prospects.
Pain and Suffering – This legal term describes the physical pain and emotional distress caused by the injury. Pain and suffering can include ongoing physical discomfort, depression, anxiety, and reduced quality of life.

In birth trauma cases, you and your family could be compensated for losses including:

The cost of your child’s past and future medical care
Income you may have lost because you and/or your child were hospitalized
Pain and suffering
Psychological or emotional distress you or your child suffers

Furthermore, if your family member dies due to medical malpractice, you could be entitled to pursue a wrongful death claim against the at-fault provider. The compensation you receive for medical negligence could include the decedent’s lost earnings, funeral expenses, and loss of companionship.

It’s important to note that Texas law generally caps non-economic damages like pain and suffering in medical malpractice cases at $250,000 per claimant, but the limit can increase to $500,000 per claimant if certain conditions are present. You should speak to an experienced medical malpractice attorney to determine which damages cap will apply to your medical malpractice case.

What Is the Process for Filing Medical Malpractice Claims in Texas

Filing a medical malpractice lawsuit in Texas begins with the patient (or the patient’s family) recognizing that a healthcare provider may have committed an error resulting in harm. At this stage, the patient must consult an experienced medical malpractice lawyer who understands medical malpractice laws and can determine whether an error has occurred. If so, the case can proceed.

The first formal step in pursuing a medical malpractice lawsuit is to file a written notice with the healthcare provider, which must include a detailed explanation of the claim and a signed authorization form for the release of the claimant’s relevant healthcare information. A malpractice lawyer must provide this notice within 60 days of filing the medical malpractice lawsuit.

Then, the medical malpractice lawyer can file a lawsuit against the healthcare provider. As part of the medical negligence suit, the attorney must file an expert report detailing the standard of care, how the provider failed to meet that standard, and the causal relationship between that failure and the harm the claimant suffered. The medical malpractice lawyer should file the expert report no later than 120 days after the healthcare provider files its original answer to the complaint.

At this point, the healthcare provider or their insurer might offer the claimant a settlement, which guarantees a sum of money in exchange for dropping the case. If the healthcare provider disputes the medical malpractice claim or doesn’t offer a fair settlement, the case may proceed to discovery and, ultimately, to trial.

How Can I Prove Medical Malpractice?

The healthcare provider’s duty of care is central to proving medical malpractice, which refers to their obligation to provide treatment that aligns with accepted medical standards and practices. This means they must act like a similarly trained and skilled healthcare professional would under the same circumstances.

Proving a deviation from this duty of care typically requires the testimony of medical experts. These experts can explain the accepted standards of care for the specific situation, highlight how the defendant’s actions did not meet those standards, and demonstrate that a competent medical professional would have acted differently under similar circumstances.

How Long Do I Have to File a Medical Malpractice Lawsuit in Texas?

Texas has a statute of limitations setting a deadline of two years from the date the medical malpractice occurred to file suit against the at-fault healthcare provider. While certain situations can extend this deadline, only an experienced medical malpractice lawyer can tell you if they apply to your case.

Because a suit filed after the deadline can be tossed out as untimely regardless of its underlying merits, you should consult a Houston medical malpractice attorney about your options.

How a Houston Medical Malpractice Lawyer Can Help with Your Case

Medical malpractice cases are complicated and often involve considerable evidence. That’s why having the help of a medical malpractice attorney in Houston is critical to the outcome of your case. An experienced Houston medical malpractice lawyer provides the following benefits:

Understanding of Medical Malpractice Law – Medical malpractice attorneys have in-depth knowledge of the medical and legal aspects in these complicated cases. They understand the healthcare industry, Texas laws related to medical malpractice, and the legal procedures to follow in pursuing a claim.

Investigating and Gathering Evidence – Experienced attorneys know what evidence will support your case. They can obtain and review your medical records, demand evidence from the at-fault healthcare provider, and take further legal action if those demands aren’t met.

Working with Expert Witnesses – Medical malpractice attorneys have connections with medical experts who can provide vital testimony to support your case. These experts can explain the standard of care, how the healthcare provider deviated from it, and how this resulted in your injuries.

Calculating Compensation – An attorney can evaluate your total economic and non-economic losses. They can account for future medical expenses, potential lost earnings, pain and suffering, and other types of compensation you may not otherwise know you’re entitled to.

Negotiating and Litigating – Experienced medical malpractice attorneys can negotiate with insurance companies and opposing counsel to seek a fair settlement. If those parties don’t cooperate, your attorney will be prepared to take your case to trial and present your claim to a jury.

Remember, the sooner you contact a Houston medical malpractice attorney, the more they can do on your behalf.

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